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When recruiting, your first decision is whether to advertise a vacancy internally or externally.

Remember, in redundancy situations an employer should offer vacancies to existing staff. Employers have a duty to actively look for alternative positions for staff selected for redundancy.

What is the disadvantage of advertising internally?

Recruiting internally can negatively affect diversity. Likewise, asking existing staff members to source candidates can result in an existing demographic being over-represented at work.

Recruiting externally often makes a workplace more diverse. Not doing so may cause you discrimination law issues.

Why you should advertise carefully

Advertise vacancies carefully to avoid discriminating against potential candidates.  Using phrases like:

Why application forms are popular

Application forms are increasingly popular because they:

Always consider:

Interview panels – a guide

If you do have an interview panel, members should:



Employers can make an offer conditional on receipt of a good reference from the candidate’s previous employer.  If this is not included, then on receipt of a bad reference the employer would have to give notice (or pay in lieu of notice) to withdraw the offer.

The previous employer is not under an obligation to provide you with a reference unless:

What profession-specific checks can I make?

Depending on the role the employee will carry out, the following checks can be made:

What goes in the offer letter?

The offer letter can either:

Why probation periods are useful

Employers find probation periods useful because they:

Probation periods are common practice (except in cases of short-term contracts or senior employees).

How long are probation periods?

Probation periods are usually three to six months long.

Can probation period be extended?

Yes. If the employer wants longer to decide about keeping the employee, they can extend the probation period so long as the contract stipulates this entitlement.

Be careful extending the probation period beyond 12 months, as the employee will gain unfair dismissal rights after one year’s continuous employment.

Our People

  • Carol Shaw
  • Director, Head of Employment Law
  • 01295 204140
  • Email
  • Lydia Mills
  • Trainee Solicitor
  • 01295 204132
  • Email
  • Philomena Price
  • Director
  • 01295 204147
  • Email

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Getting In Touch

To find out more about our Recruitment and References service, please contact Carol Shaw on 01295 204140 or email

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